INTRODUCTORY
The City Council of the City of Columbia, Missouri met for
a regular meeting at 7:00 p.m. on Monday, June 17, 2002, in the Council Chamber
of the City of Columbia, Missouri. The roll was taken with the following results:
Council Members HUTTON, LOVELESS, JOHN, CRAYTON, and JANKU were present. Members
COFFMAN and HINDMAN were absent. The City Manager, City Counselor, City Clerk
and various department heads were also present.
Because of the absence of the Mayor and Mayor Pro-tem, Mr.
Beck explained that it would be necessary for the Council to elect an Acting
Mayor Pro-tem to conduct this evening's meeting.
Mr. Janku made the motion that Mr. Hutton be appointed Acting
Mayor Pro-Tem. The motion was seconded by Mr. Loveless with the vote recorded
as follows: VOTING YES: HUTTON, LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO
ONE. Motion passed.

APPROVAL OF MINUTES
The minutes of the regular meeting of June 3, 2002, were approved
unanimously by voice vote on a motion by Mr. Janku and a second by Mr. John.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
Mr. Janku asked that R118-02 be removed from the Consent Agenda
and placed under New Business.
The agenda, as amended, including the Consent Agenda, was
approved unanimously by voice vote on a motion made by Mr. Loveless and a second
by Mr. John.

SPECIAL ITEMS
None.

SCHEDULED PUBLIC COMMENTS
None.

PUBLIC HEARINGSB201-02Approving a revision to the
C-P Development Plan of Village Square Lot 102A.
The bill was given second reading by the Clerk.
Mr. Beck explained that the revision would allow for the second
floor to be used as offices in lieu of residential units. The building size will
remain exactly the same. He indicated the Planning and Zoning Commission recommended
unanimous approval of the request.
Mr. Hutton opened the public hearing.
Bruce Beckett, attorney for LGS Properties, LLC, owner of
Lot 102A at Village Square, explained the only deviation from the original plan
to be that of using the second floor for office purposes rather than residential
purposes. He pointed out a substantially greater number of parking spaces on
the C-P Plan than would be required by ordinance (57 are shown and only 42 are
required, two of which are handicapped spaces). In addition, there are eight
bicycle spaces on the lot.
Mr. Beckett referred to an agreement between the developer
of Village Square and The Villas II Homeowners Association. Under this written
agreement, he explained that the residential units in this C-P/O-P planned area
are required to have one garage per dwelling unit. He said that is achievable
on all of the other lots in the Village Square plan because many of them are
subterranean. He indicated that Lot 102A is very flat and a subterranean parking
garage is just not feasible. In addition, Mr. Beckett noted the narrowness of
the lot which was a result from a prior amendment to the subdivision plat that
reduced the size of Lot 102 and increased the size of Lot 101 (Walgreen's's tract).
Mr. Beckett reported the applicant believed to construct exterior
garages for the required three residential units on the lot would impair the
aesthetic appearance of the building. He noted that the applicant is bound by
the agreement to construct garages if there are residential units on the lot.
Mr. Beckett commented on a letter from the Villas II Association supporting this
request. As far as a domino affect on the other lots, he provided copies of letters
from the other property owners within this planned district in which they have
committed to building the remaining residential units.
Mr. Hutton closed the public hearing.
Mr. John agreed with the applicant in that office use is probably
no more intense than constructing a series of apartments. Although, he expressed
concern that the plan was presented and sold to the Council as a mixed use development
with a certain number of apartments. Mr. John believed the rezoning request had
been approved due to that condition. He indicated he would be more supportive
of this request were three more apartments added elsewhere within the development
so the total number of residential units was not reduced. Mr. John asked if anything
had been heard from the developer regarding landscaping or the traffic calming
devices he was bonded to do about three months ago.
Mr. Beckett responded that the streets are being chipped out
presently so that the traffic calming devices can be installed. He was not sure
about the landscaping. In reference to the reduction in apartments, Mr. Beckett
noted that there will be eleven residential units constructed on Lot 106, which
is twice what was originally planned.
Mr. Janku commented he appreciated that the other property
owners have committed to keeping the residential units planned for their tracts.
Mr. John pointed out that did not mean that the eventual owners of the buildings
would not apply for the same thing. He said if anyone else tries to continue
to increase the intensity of the use of this plan, he would not approve the request.
In addition, until all agreed upon landscaping and traffic calming is installed,
Mr. John would feel obligated to postpone approval of any more site plans.
Regarding the required improvements, Mr. Patterson reported
staff finally received approvable construction plans a couple of weeks ago. Furthermore,
he directed staff not to issue any occupancy permits until the improvements that
were bonded are in place.
Mr. Hutton noted that there was hopefully going to be an increase
in the number of residential units over what was originally planned. He concurred
with Mr. John and the Planning and Zoning Commission in that any further requests
to reduce residential units would not necessarily be looked on favorably.
B201-02 was given third reading with the vote recorded as
follows: VOTING YES: HUTTON, LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE.
ABSENT: COFFMAN, HINDMAN. Bill declared enacted, reading as follows:

(A)Voluntary Annexation of property
located on the southwest corner of Ponderosa Street, southeast of BlueAcres Mobile
Home Park.
Item A was read by the Clerk.
Mr. Beck noted that this request relates to 75 acres of the
Philips Farm. The applicants have included a request for R-3 zoning as a condition
of annexation. Mr. Beck reported the annexation request may be withdrawn if they
do not receive the requested permanent zoning. He pointed out the property is
currently zoned RM in the County which is equivalent to R-3 in the City. This
area is within the designated south annexation area to be voted on August 6.
Mr. Janku stated that the Council's vote on the annexation
and rezoning of the tract would occur at the July 1st meeting as the actual ordinance
will be introduced later this evening.
Mr. Hutton opened the public hearing.
Jan Weaver, 412 ½ W. Walnut, President of Friends of
Rock Bridge Memorial State Park, reported the group is very concerned about potential
development in this area because of the impact on the water quality in the Park.
She asked that the Council refrain from annexing this area with its current zoning
and wait until a plan is developed that covers the entire area which takes into
account storm water flows and other urbanizing influences.
Bill Easley, 705 Cook, spoke against annexation.
Alyce Turner, 2194 E. Bearfield, spoke on behalf of the Boone
County Smart Growth Coalition. She explained their major goal as being the preservation
of areas of natural significance and to conserve open space. As one of the largest
tracts of public land near Columbia, she said protection of the Philips Tract
within the sensitive Clear Creek and Gans Creek watersheds on the outskirts of
Rock Bridge State Park is extremely important to the Coalition and the citizens
of Boone County and Columbia. For the past year, Ms. Turner related that the
Coalition has been conducting a public education and petition campaign and have
collected signatures from citizens of Boone County and Columbia testifying to
their concern about protecting and preserving this area as a green space. If
Columbia is to maintain its current character of ample outdoor recreational opportunities
and stays on course with its existing 10-year parks plan, she said it is imperative
that the Philips tract be preserved for the enjoyment of present and future generations.
Ms. Turner presented the Council with signatures of 920 citizens in support of
the preservation and public acquisition of the 500 acre Philips tract. She asked
the Council to not approve the voluntary annexation request.
Randall Clark, 2147 Bearfield, spoke on behalf of the local
group of the Osage Sierra Club. Their top priority is the preservation of the
sensitive Little Bonne Femme and Bonne Femme watersheds. He said they are sensitive
because of the Karst nature of the area and because of the unique, rare and endangered
species that live there. Their feeling as to the best way to preserve such is
to limit urban development to less than ten percent of the watershed. Mr. Clark
believed if the R-3 zone is approved for this tract, it would run counter to
the Council's Policy Resolution 232-99A which encourages the use of planned PUD
districts in the Little Bonne Femme Water Shed. He indicated the group preferred
to see a planned PUD of low density housing on the entire Philips tract, not
just the 75 acres. However, they also feel the best use of the land would be
as a recreational park. In addition, Mr. Clark said they would like to see a
moratorium on rezoning and development in the entire upper Little Bonne Femme
and Bonne Femme watersheds until a comprehensive storm water plan and a land
use plan can be developed to assess the impacts on these areas.
John Ikerd, 5121 S. Brock Rodgers Road, explained that he
lives just across Gans Creek from the Philips Farm. He urged the Council to reject
the proposal on this 75 acre tract because of the contingency for permanent R-3
zoning. He agreed with the earlier concerns expressed this evening and at the
Commission hearing. Mr. Ikerd did not think permanent zoning should be granted
for this property or any other property along the Columbia to Ashland Highway
63 corridor until a comprehensive land use plan is in place to protect the public
interests in this ecologically fragile area. As an economist with 30 years of
experience, Mr. Ikerd discussed economic aspects of the issues also. One was
that high density zoning on this tract would diminish the "use value" of all
property in the watershed, including Rock Bridge State Park. He urged the Council
to reject the proposal.
Susan Flader, 917 Edgewood, President of the Missouri Parks
Association, explained that the Association is dedicated to the protection, enhancement
and interpretation of state parks and historic sites. Ms. Flader explained that
they regard Rock Bridge State Park as one of the prime natural areas in the parks
system. However, Ms. Flader indicated it is gravely threatened by water quality
problems that would be exacerbated by high density zoning on this tract. For
that reason, she said the Association supports the recommendations of the various
other groups who have advised that more comprehensive planning for the entire
tract and watershed is necessary before any permanent zoning is approved for
the area.
Mr. Hutton closed the public hearing and noted that no action
was required at this point.

OLD BUSINESSB202-02Authorizing Change Order No.
Four to the contract with Curtiss-Manes-Schulte, Inc. for constructionof
the Community Recreation Center.
The bill was given second reading by the Clerk.
Mr. Beck explained that 22 items are contained in this change
order ranging in cost from $4,000 to $15,500.
Mr. John asked Mr. Beck to explain the reason why change orders
are fairly typical on large construction projects such as this. Mr. Beck equated
it to anyone building or remodeling their own house where there are usually changes
along the way after the actual construction process begins. He noted problems
could be encountered relating to such things as footings, foundations and soil
conditions. In some cases, he said suggestions are made that would make the building
more functional.
B202-02 was given third reading with the vote recorded as
follows; VOTING YES: HUTTON, LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE.
ABSENT: COFFMAN, HINDMAN. Bill declared enacted, reading as follows:

B206-02Authorizing Change Order No.
One to the contract with J. C. Industries, Inc.; approving the engineer'sfinal
report for construction of the Downtown Sidewalk Improvement Project.
The bill was given second reading by the Clerk.
Mr. Beck explained that this project eliminated steps along
the east side of Eighth Street, between Broadway and the alley. He stated a ramp
was constructed to replace the steps. In addition, a similar situation was corrected
next to the Police building at Walnut and Seventh Street. Mr. Beck noted that
planters were installed as well in accordance with City standards.
B206-02 was given third reading with the vote recorded as
follows: VOTING YES: HUTTON, LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE.
ABSENT: COFFMAN, HINDMAN. Bill declared enacted, reading as follows:

B209-02Amending Chapter 13 of the
City Code relating to business licenses including armed guard licenses,security
guard licenses and temporary business licenses.
The bill was given second reading by the Clerk.
Mr. Beck explained the amendment concerning standards related
to the approval of a guard license when the applicant's criminal history includes
certain federal or state misdemeanor convictions involving theft, violence, drugs
or sexual abuse within the past five years, or release from confinement for a
misdemeanor within one year. In addition, staff is proposing a fee increase for
the license from $5 to $10. Mr. Beck noted that fees have not been increased
in this area since 1985.
Mr. Boeckmann noted an amendment sheet with the substantive
issue being the definition of a conviction, which he explained.
Mr. Hutton made the motion to amend B209-02 per the amendment
sheet. The motion was seconded by Mr. Janku and approved unanimously by voice
vote.
Mr. Boeckmann also pointed out an amendment to Section 13-50
(b) to add the words "Armed guard license applicants".
Mr. Janku made the motion that B209-02 be further amended
to include Mr. Boeckmann's suggestion. The motion was seconded by Mr. Loveless
and approved unanimously by voice vote.
Referring to the length of time for operating a temporary
business stand, Mr. Hutton questioned the intention of the 14 day stipulation.
Ms. Finley responded someone could operate a temporary business for up to14 days
within any three month period. She clarified a person could not operate for a
week one month, and then another week the next month. There was a discussion
at this point as to how the wording should read to make the intent clear. Mr.
Hutton asked if he understood the purpose to say that a temporary business stand
can only operate a maximum of 14 days within a three month period. If so, he
did not think the suggested language was very clear. Mr. John's interpretation
was the temporary business can operate for up to 14 consecutive days during a
three month period, and when it shuts down it is finished for three months. Mr.
Janku asked if the intent was one time, at one location, within three months.
Ms. Finley verified that was the goal of the ordinance.
Mr. Hutton made the motion to further amend B209-02 by amending
the last sentence in Section 13-311 (b) to read "which may last for 14 days and
all days must be consecutive in any three-month period at only one location." The
motion was seconded by Mr. Janku and approved unanimously by voice vote.
In reference to the security guard section, Mr. Hutton noted
the applicants have the burden of demonstrating good moral character. However,
a criminal record does not necessarily preclude a person from obtaining a license.
Mr. Hutton asked whether that was putting the burden on the administrator to
determine whether or not someone is of good moral character. Ms. Finley said
it would. He questioned if she was comfortable with that. Ms. Finley replied
affirmatively. Mr. Hutton asked what she would do in the case of someone having
a conviction five years ago, but have not had any run-ins with the law since
then. Ms. Finley said the nature of the crime would have to be considered as
well as the person's record after conviction and other evidence to determine
whether a license should be granted. Mr. Boeckmann pointed out the draft ordinance
sent to him from the Finance Department would deny a license to someone who had
a conviction within five years of the application. He noted that had been the
Director's preference as opposed to getting into the business of making judgements
on people's character, but there is a state statute that does not allow denial
of a license on the basis of a conviction. It does allow one to set up a scheme
similar to the proposed amendment in which someone's moral character could be
judged. Mr. Boeckmann indicated convictions can be taken into account as evidence
of a person's moral fitness, but other things also have to be taken into account.
Mr. Hutton asked if the conviction record is based solely
on a Highway Patrol records check. Ms. Finley responded for guards they go through
the State Highway Patrol. Mr. Hutton noted that some people have lots of problems
but are never convicted of anything.
B209-02, as amended, was given third reading with the vote
recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, CRAYTON, JANKU. VOTING
NO: NO ONE. ABSENT: COFFMAN, HINDMAN. Bill declared enacted, reading as follows:

B210-02Amending Chapter 28 of the
City Code related to taxicabs and limousines.
The bill was given second reading by the Clerk.
Mr. Hutton noted an amendment sheet that related to definitions.
Ms. Finley explained the proposal to strengthen the provisions
to the taxi and limousine ordinances as they relate to criminal convictions.
Staff also recommends the enactment of drug and alcohol testing requirements
at the time of application and when a driver's permit is renewed. Ms. Finley
noted that some fee increases are also being proposed for licensing and vehicle
permits.
Mr. Janku understood the City does not engage in any economic
regulation of the taxicab industry. Ms. Finley confirmed that the City does not
regulate the number of taxicabs or the rates charged to customers, but this information
is kept on file.
Dan Viets, an attorney with offices at 15 N. Tenth, asked
that a final vote on this issue be tabled, and instead that it be referred to
the Substance Abuse Advisory Commission for further public input and consideration.
He understood there was no immediate pressing need to pass the ordinance. Mr.
Viets commented that although alcohol is the drug which by far is the cause of
the greatest number of automobile accidents and other work related problems compared
with any other drug, he noted the application itself does not require the reporting
of DWI offenses. He said that was one of many aspects in the ordinance he thought
might benefit from further consideration. Mr. Viets argued that substances found
with drug testing may reflect past use, but the tests will not measure safety
or the ability to drive an automobile without impairment. He believed this to
be a bad precedent and wondered why the City would not want to include drug testing
of armed guards or any other occupation. Mr. Viets distributed several booklets
by the ACLU relating to drug testing, and asked the Council to read the report
before expanding the practice.
Henry lane, 1816 E. Broadway, spoke about the importance of
the taxi business in Columbia. He thought passage of this ordinance would create
more regulation and hardship on such.
Nick Hinshaw, 704 King, commented that he once drove a taxicab.
He believed the cab company should make the decision as to whether to drug test
their employees. He did not think drug testing was the issue, but rather the
owner knowing their employees. Mr. Hinshaw indicated an employer should know
if there is a drug or alcohol problem. He pointed out that more cab drivers are
murdered than in any other occupation.
Bill Easley, 705 Cook, spoke in opposition to drug testing.
Ms. Crayton agreed that drug testing was something that should
be done by the employer. She felt the issue should be tabled to allow time for
more input. Ms. Crayton was fearful that further legislation could result in
eliminating taxi service in Columbia.
Mr. Janku questioned whether the application will be revised
to include the question about DWI convictions. Ms. Finley answered affirmatively.
Mr. Hutton asked about the impetus for the changes, in particular
the drug testing. Ms. Finley stated that she has received phone calls from citizens
alleging that taxi drivers were under the influence of something, but were not
sure what. She said one of the taxi companies supports the proposed revisions
and are currently enacting such a policy on their own. Ms. Finley related that
other cities throughout the state have these provisions in place, including the
City of Springfield. She thought the amendments are a good idea and would make
the citizens feel safer about riding in taxis. Mr. Hutton pointed out that a
test once a year would not prevent someone from being under the influence when
they are driving the cab at a later time.
Mr. Janku noted that the ordinance stipulates that the screening
must be at least equal to the same as currently required by the U.S. Department
of Transportation for motor carrier drivers. He asked about City bus drivers.
Mr. Patterson responded these employees are subject to similar requirements.
Mr. Hutton inquired as to whether testing is done once a year or randomly. Mr.
Patterson replied that the City has a random program for employee testing, but
he was not sure about the frequency of testing.
Mr. Hutton believed there are many people driving in Columbia
who are subject to drug tests. He asked how much it costs to have the test performed.
Ms. Finley responded that it would cost somewhere in the area of $40 to $50.
Mr. Loveless believed his organization is paying $40.
Ms. Crayton made the motion that B210-02 be tabled to the
July 1st, 2002, meeting. The motion was seconded by Mr. Loveless.
Mr. Loveless thought drug and alcohol testing should be the
responsibility of the employer, but not necessarily a City responsibility for
licensing.
Mr. John understood people who want to protect the ability
of people to get jobs, but passengers riding in taxis need protection too.
Mr. Janku remarked that he was on the Council when legislation
was passed that did not require taxi services to operate 24 hours a day, seven
days a week. The amendment was an economical benefit that supported these types
of businesses. Mr. Janku pointed out that many cities have a monopoly which drives
up the cost of service. He said Columbia could go to a regulatory system where
only a few companies would be allowed. Mr. Janku commented if the City does not
establish standards of quality on taxi drivers, it is unlikely the consumer will
know which company has drug testing and which one does not. Because the City
elected to initiate a free enterprise system, Mr. Janku believed the Council
has a greater responsibility to ensure quality service and impose the recommended
standards.
Mr. Loveless agreed that the objective should be to require
quality service by ensuring drivers are not under the influence of any mind-altering
substance. He would feel more comfortable with this if, rather than a pre-certification
drug test, the City required those who are certified or licensed to be subjected
to random drug testing. Mr. Loveless believed that would be far more likely to
keep a driver straight behind the wheel than just an annual drug test.
Mr. Hutton understood all licenses are required to be renewed
by July 1st. Ms. Finley said that was correct. He inquired if she wanted to have
the provisions in place for the re-licensing to meet that deadline. Ms. Finley
agreed with that statement.
Mr. John concurred that an annual pre-licensing test is probably
not going to be as effective as ongoing random testing, but with this arrangement
the City would have to set up a procedure of how and when it is done. Mr. John
believed the amendment is a step in the right direction and was ready to vote
on the issue this evening.
There was a discussion about how many votes were needed to
pass the ordinance this evening. Mr. Boeckmann clarified that four votes are
needed for either tabling or passing this bill.
Because the drug testing seemed to be of most concern, Mr.
Hutton asked about the possibility of passing the ordinance to exclude the drug
testing portion.
The motion to table, made by Ms. Crayton, seconded by Mr.
Janku, failed by voice vote.
Mr. Hutton made the motion that B210-02 be amended per the
amendment sheet. The motion was seconded by Mr. Loveless and approved unanimously
by voice vote.
Mr. Hutton questioned if it would be possible to pass the
ordinance without the drug testing, and revisit the issue and change the application
mid-year for any new applicant. Mr. Boeckmann indicated if the Council passes
this bill without the drug testing provisions and an ordinance is later introduced
and passed that included such, then the new regulations would become effective
immediately and anyone applying for a permit after this date would have to comply
with the drug testing requirements.
Mr. Hutton made the motion to further amend B210-02 by deleting
Section 28-113 and renumbering subsequent sections. The motion was seconded by
Mr. Loveless and approved unanimously by voice vote.
B210-02, as amended, was given third reading with the vote
recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, JANKU. VOTING NO: CRAYTON.
ABSENT: COFFMAN, HINDMAN. Bill declared enacted, reading as follows:

CONSENT AGENDA
The following bills were given second reading and the resolutions
were read by the Clerk.

B200-02Vacating a portion of a drainage
easement within Broadway Farms Subdivision; accepting a grant ofeasement
for drainage purposes.B203-02Accepting easements for utility
purposes.B204-02Accepting a deed of dedication;
approving engineer's final report; authorizing payment of differentialcosts
for construction of water main serving Timberline Subdivision, Plats 2 and
3.B205-02Authorizing the acquisition
of easements necessary to construct H-17 Sewer Extension and H-17NSewer
(Grindstone Creek Outfall).B207-02Calling for bids for construction
of the Sanitary Sewer District No. 144 (Mexico Gravel Road) Project.B208-02Appropriating funds received
from Educare for the cost of producing Play as Learning videos.R113-02Setting a public hearing: installation
of traffic calming devices on Audubon Drive.R114-02Setting a public hearing: voluntary
annexation of property located south of I-70 Drive Southeast,approximately
120 feet east of Upland Creek Road.R115-02Authorizing an agreement with
Lincoln University to provide clinic experience for student nurses.R116-62Authorizing an agreement with
the Curators of the University of Missouri to allow use of Universityproperty
for the Fourth of July Fireworks Program.R117-02Authorizing an agreement with
Russell-Marti Conservation Services, Inc. to repair and reinstall LaColomba sculpture
at the Library.

The bills were given third reading and the resolutions
were read with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS,
JOHN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: COFFMAN, HINDMAN. Bills
declared enacted and resolutions declared adopted, reading as follows:

R118-02Amending an agreement with
Republic Parking Systems to allow Republic to begin accepting creditcards
for payment of parking fees.
The resolution was read by the Clerk.
Mr. Patterson explained that this is a routine renewal of
a parking agreement with the only thing different being the acceptance of credit
cards for people using the facility. He said it is something customers expressed
an interest in, so Republic has offered to provide that service.
Mr. Janku noted that the department is making a relatively
modest income off this agreement. He commented on the provision to allow restaurant
customers validation on parking. Mr. Janku encouraged staff to think of other
ways, like offering short term parking, to make the airport more user friendly.
For example, he suggested being able to drop someone off might be a nice amenity.
The vote on R118-02 was recorded as follows: VOTING YES: HUTTON,
LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: COFFMAN, HINDMAN.
Resolution declared adopted, reading as follows:

NEW BUSINESSR119-02Re-establishing and modifying
the targeted area of the Homeownership Assistance Program, anemployee
benefit for eligible City employees.
The resolution was read by the Clerk.
Mr. Beck explained that Mr. John had asked that the boundaries
be adjusted.
Mr. John thought this was an appropriate restriction of the
areas.
Mr. Janku asked about any current applications. Mr. Dudark
responded that staff has received three eligible applications. He said they have
had one closing and the other two have had their 90 day eligibility expire. Currently,
Mr. Dudark related there are no applications being certified as eligible for
the program. He noted applications have been picked up, but have not been returned.
Mr. Janku thought the Council might need to further address this program during
budget discussions.
Mr. Janku wondered if meetings had ever been scheduled with
other employers. Mr. Dudark replied it is still being discussed, and staff is
trying to arrange a schedule that will work with everyone involved. Mr. Janku
suggested the City's eligibility areas should not influence or limit the decision
of what other employers might establish. Mr. John agreed.
Mr. Hutton believed it might make more sense to have this
resolution define eligibility areas as being those within the CDBG boundaries.
Therefore, this resolution would not have to be amended every time the CDBG area
changes. It was ascertained that the proposed boundaries do not reflect all CDBG
eligible areas, but rather concentrates on areas within the central core of the
City. Mr. Hutton said there are some areas he would like to see included, but
was not sure of their CDBG eligibility. Mr. Janku responded the area does not
necessarily have to be tied to such.
The vote on R119-02 was recorded as follows: VOTING YES: HUTTON,
LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: COFFMAN, HINDMAN.
Resolution declared adopted, reading as follows:

R120-02Approving the preliminary plat
of Bay Hills.
The resolution was read by the Clerk.
Mr. Beck explained that this major subdivision located in
the northeast portion of the City consists of 23.67 acres. The plat shows 69
R-1 lots. Both staff and the Planning and Zoning Commission recommended approval.
Mr. John questioned when the sewer line will be constructed
in this area. Mr. Patterson explained that there is an ordinance on the agenda
this evening for acquiring the easements. He indicated that staff is hopeful
construction could begin this fall or winter and the project will be completed
by the end of next year. Mr. John asked about occupancy permits in relation to
the completion of the sewer line.
Tim Crockett, an engineer with Crockett Engineering Consultants,
2608 N. Stadium, stated that they are not anticipating at this time to ask for
any certificates of occupancy prior to the completion of the sewer extension.
He noted the owner and developer are both present and available to answer any
questions.
The vote on R120-02 was recorded as follows: VOTING YES: HUTTON,
LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: COFFMAN, HINDMAN.
Resolution declared adopted, reading as follows:

R121-02Authorizing an agreement with
the Curators of the University of Missouri for the Show-Me Gamesand
Senior Games.
The resolution was read by the Clerk.
Mr. Beck explained that this is our annual agreement with
the University. He stated a $15,000 cash sponsorship has been allocated from
the Convention & Visitors Bureau and $5,000 from the Parks and Recreation
Department budget. In addition, the City provides facilities and other associated
services without cost. Mr. Beck noted that Columbia hosts the largest state games
in the United States.
The vote on R121-02 was recorded as follows: VOTING YES: HUTTON,
LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: COFFMAN, HINDMAN.
Resolution declared adopted, reading as follows:

R122-02Authorizing an agreement with
the Columbia Cosmopolitan Club to assist with the fourth of JulyCelebration.
The resolution was read by the Clerk.
Mr. Beck reported that the City has budgeted $5,000 toward
this event for the last several years.
The vote on R122-02 was recorded as follows: VOTING YES: HUTTON,
LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: COFFMAN, HINDMAN.
Resolution declared adopted, reading as follows:

R123-02Accepting an emergency shelter
grant from the Missouri Department of Social Services; authorizingagreements
with various emergency shelter providers.
The resolution was read by the Clerk.
Mr. Beck explained that again this year the City has been
approved to receive $75,000 in emergency shelter money from the Missouri Department
of Social Services. The disbursement of the grant is as follows: $29,000 for
Comprehensive Human Services; $29,000 for the Salvation Army; and $17,000 for
Welcome Home, Inc.
The vote on R123-02 was recorded as follows: VOTING YES: HUTTON,
LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: COFFMAN, HINDMAN.
Resolution declared adopted, reading as follows:

R124-02Approving the Quail Creek Neighborhood
Association by-laws.
The resolution was read by the Clerk.
Mr. Beck noted that all guidelines have been met for establishing
this neighborhood association.
Mr. John remarked that only nine people out of the entire
subdivision formed this organization. He believed that neighborhoods need to
have representation, but was a little concerned when such a small number initiate
and oversee the process.
The vote on R124-02 was recorded as follows: VOTING YES: HUTTON,
LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: COFFMAN, HINDMAN.
Resolution declared adopted, reading as follows:

The following bills were introduced by the Mayor unless
otherwise indicated, and all were given first reading:

B211-02Adopting the 2025 Transportation
Plan.B212-02Approving the final plat of
Grace Covenant Church Subdivision, a replat of Lots 2 through 9 ofGuitar's
Subdivision and Park Addition.B213-02Approving the final plat of
Flat Branch Subdivision, Plat No. 1, a replat of part of University Addition.B214-02Rezoning property located on
the west side of Peach Court, southwest of Peachtree Drive from DistrictC-1
to District C-P; approving the C-P Development Plan of Holiday Inn and Suites.B215-02Granting a variance from the
requirements of the City Code for sidewalk construction along the southside
of I-70 Drive Southeast, adjacent to Lot 2 of Little Bear Industrial Park.B216-02Vacating a drainage easement
within Grasslands Subdivision, Block 8; accepting a grant of easementfor
drainage purposes.B217-02Approving The Intersection PUD
site plan; granting a variance to the Subdivision Regulationsregarding
right-of-way width; approving an amendment to the Statement of Intent; approving
areduced
setback.B218-02Voluntary annexation of property
located on the southwest side of Ponderosa Street, southeast of theBlue
Acres Mobile Home Park; establishing permanent R-3 zoning.B219-02Authorizing the installation
of traffic calming devices on Audubon Drive.B220-02Calling for bids for the construction
of the Defoe Drive Drainage Project.B221-02Calling for bids for the construction
of the Rollins Road Improvement Project.B222-02Amending Chapter 22 of the City
Code relating to special tax assessments on through lots.B223-02Approving the engineer's final
report; authorizing Change Order No. 1 for the Bear Creek RecreationTrail,
Phase I Project.B224-02Accepting easements for drainage,
sidewalk, sewer, street and utility purposes.B225-02Authorizing a grant agreement
with the FAA for the purchase of a snow plow-spreader truck andreimbursement
for acquisition of property; appropriating funds.B226-02Authorizing Supplement No. 1
to the FAA agreement; approving Change Order No. 1 and theengineer's
final report for the Engine/Generator Building Project at Columbia Regional
Airport.B227-02Authorizing an agreement with
the Missouri Department of Health for surveillance for the West NileVirus;
appropriating funds.B228-02Accepting easements for utility
purposes.B229-02Authorizing a right of use permit
with the University of Missouri to allow for construction, improvementand
maintenance of the fiber optic telecommunication lines within City right-of-way.

(B)Draft Park and Recreation Master
Plan - Public Review.
Mr. Beck noted that this issue had been discussed at the Council
retreat. Staff proposes to introduce the draft plan to the public. At least two
public meetings would be held and the plan would also be posted on the City's
web site. In addition, the document would be available at the Library and the
Parks and Recreation Office. Following that process, the Parks and Recreation
Commission would hold a public hearing and forward recommendations to the Council.
Mr. Hutton made the motion that the draft plan be referred
to the Parks and Recreation Commission for their review and to proceed as outlined
in the staff report. The motion was seconded by Mr. Janku and approved unanimously
by voice vote.

(C)Report on Request for Proposals
for Rail Terminal.
Mr. Malon explained that the Council had previously authorized
staff to seek proposals from private companies to develop the terminal site as
a location to load/unload commodities for shippers in the area, and to also run
a materials storage warehouse. Of the two proposals received, one has since been
withdrawn. The remaining proposal is from Prost Builders and Show-Me Transportation.
Mr. Malon reported these companies are willing to make an approximate $2.7 million
investment on the property and have been doing a lot of homework by surveying
potential rail users throughout central Missouri. They propose to lease the land
from the City for $1,000 annually on a long-term basis. He stated they have also
requested that the Columbia terminal install railroad tracks which would actually
go into the building.
Mr. Malon reported the Railroad Advisory Board has reviewed
and discussed the proposals. He indicated that both staff and the Advisory Board
recommend that the Council authorize them to proceed with the agreements.
Mr. Janku asked if a profit was anticipated for the Railroad
with this increase. Mr. Malon responded staff certainly hopes it will help, although
this division has not been enduring giant losses. He commented that it is hard
to break even particularly with the small number of car loadings the City has.
Mr. Malon pointed out that it was never intended that the Railroad would be a
cash cow. It was developed as a way to transport coal to the Power Plant and
to help retain existing customers.
Mr. Loveless made the motion that staff be directed to begin
work on the needed agreements. The motion was seconded by Mr. Janku and approved
unanimously by voice vote.

(D)Report on Wind Power Purchase.
Mr. Beck commented that the Council had received an e-mail
from Mr. Coffman regarding this issue.
Mr. Malon noted there was not a deadline in relationship to
a wind power purchase. He said it would not be a problem if the Council wished
to table the issue so it could be discussed further.
Mr. Loveless made the motion that the report be accepted and
that the issue be discussed further at a work session when the full Council is
available. The motion was seconded by Mr. Hutton and approved unanimously by
voice vote.

(E)Report on Sale of SO2 Allocations.
Mr. Malon spoke about the City receiving excess SO2 allocations
from last year. He reported they are currently marketable and are worth $159
per ton. He related the last time the excesses were disposed, they were traded
for ash removal at the Power Plant. Mr. Malon noted that the allocations do not
have to be sold -- the City can hold them and play the market.
Mr. Hutton made the motion that the Council accept the report
and hold the allocations. The motion was seconded by Mr. Loveless.
Mr. Janku thought the authority to sell the allocations should
be in place to allow staff some flexibility. Mr. Malon reasoned the Council would
have to pass a resolution for that in any event. Mr. Hutton suggested if that
was the case, the Council should ask for a resolution to be drafted that would
give the authority for whomever to sell them if it is determined the market is
favorable. Mr. Malon noted approval for such by resolution would only take one
meeting anyway.
Mr. John did not think the allocations should be held, but
instead he recommended selling them and putting the funds in a utility account
to be spent toward special projects in the new budget year at the Council's direction.
Mr. Hutton asked Mr. Malon if he knew the fluctuation in the
price of the allocations over the last six months to a year. Mr. Malon responded
in January they were sold at $157/ton, and now they are at $159. He suggested
the decision to sell the allocations should be based on some other criteria rather
than guessing market values. Mr. Malon reviewed the two options: the allocations
could be sold now and the funds put in an account to be used for special projects,
or the allocations could be held.
Mr. Beck recommended to the Council that staff should monitor
the situation, look at the factors involved, and either be authorized to negotiate
the sale of the allocations or bring to the Council what is perceived to be a
good timing schedule in which to dispose of them. Due to any federal regulation
changes that may come up, he believed the allocations should be disposed.
Mr. John said he would like to see the staff prepare a resolution
for the next meeting authorizing the sale of the allocations. He said they could
discuss whether or not they want to put some timing on it then. Mr. John stated
the proceeds could be put in a separate account in the budget to be used for
special projects.
Mr. John made the motion that staff be directed to prepare
a resolution authorizing the sale of the allocations for the next meeting, at
which point they could discuss the timing issue. The motion was seconded by Mr.
Janku and approved unanimously by voice vote.

APPOINTMENT TO BOARDS AND COMMISSIONS
Upon receiving the majority vote of the Council, the following
individuals were appointed to the following Boards and Commissions.

COMMENTS BY COUNCIL, STAFF AND PUBLIC
Mr. John commented that the Council had discussed the law
enforcement tax being proposed by the County at the retreat. He had asked for
and received some numbers on the issue, and this information was discussed briefly
at the pre-Council meeting.
Mr. John made the motion that the staff be directed to continue
looking at the numbers and discuss with the Sheriff's Department and County Commission
concerns he brought up in terms of the apparent inequity in the portion that
deals with the patrol side of the tax. The motion was seconded by Mr. Janku and
approved unanimously by voice vote.
Mr. John inquired as to the Council's preference related to
the drug testing issue. He wondered if they wanted staff to review it, and whether
the testing should be done annually or randomly. Mr. Janku preferred to see a
report on it. Mr. Loveless believed the intent of the proposal was to ensure
the safety of passengers, and the pre-licensing drug testing was the first step.
He thought the City could do better than that and would like to see staff explore
other options.
Mr. Loveless made the motion that staff be directed to explore
the options. The motion was seconded by Mr. John and approved unanimously by
voice vote.
Mr. Loveless remarked that the Council had received a letter
from the local administration of the Conservation Department regarding deer and
what they foresee as a growing problem in regards to their population numbers.
He said they had offered to make a presentation to the Council and provide management
recommendations. He was not aware that anyone had responded to the Department's
letter and believed they were owed that courtesy.
Mr. Loveless made the motion that staff be directed to ask
the Conservation Department to develop a presentation to be given to the Council
at a work session along with some management recommendations. The motion was
seconded by Mr. John and approved unanimously by voice vote.
Ms. Crayton said she had reported a garage sale a few weeks
back that was being conducted out of a U-Haul. She had been told what the regulations
were and wanted to report that this individual was not complying with such, but
there had been no one to call over the weekend to report the problem. Ms. Crayton
indicated the sale had gone on for three days.
Mr. Janku received a letter from a ten year old constituent
who was concerned about the safety of kids in her neighborhood who skate in the
street. He reported that this young lady sent a petition signed by 23 people,
19 of whom were under the age of 11, requesting that a sign be installed that
prohibited skating in the street. Mr. Janku passed the information to staff and
asked that they follow-up on the request with a sign.
Mr. Janku noted that the Council received a report on the
intersection of Broadway and Park de Ville. He said there is no stop light at
this location and there was hope that one would eventually installed. As pointed
out in the report, Mr. Janku related the City lacks a mechanism to require developer
contribution because these particular areas are located in open zoning districts.
Mr. Janku made the motion that staff report back on what could
be considered at this intersection and others to get the contribution from the
adjacent property owners to help pay the cost. The motion was seconded by Mr.
Hutton and approved unanimously by voice vote.
Mr. Janku spoke about the need for more improvement to the
downtown sidewalks. He mentioned the southwest corner of Fifth and Cherry and
the southeast corner of Eighth and Broadway are both areas containing steps instead
of ramps.
Mr. Janku commented on the landscaping progress on Providence
north of the Business Loop and south of I-70. He reported it looks very good.
Sam Giroux, 1409 University Avenue, thanked the Council for
appointing him as the Sixth Ward representative to the Community Development
Commission.
The meeting adjourned at 9:25 p.m.